RESOLUTION R2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN EMERGENCY SHELTER IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT LOCATED AT 555 INDUSTRIAL PARK DRIVE WHEREAS, 555 Industrial Park Drive is a 4.91 acre site (the “Project Site”) previously developed that is surrounded by industrial land uses within the Manteca Industrial Park; and WHEREAS, 555 Industrial Park Drive is serviced by all utilities and is mapped as Urban environment by the San Joaquin County Multi-Species Habitat Conservation Plan; and WHEREAS, the City of Manteca is operating an Emergency Center utilizing a previously approved Temporary Use Permit in the paved parking lot area at 555 Industrial Park Drive; and WHEREAS, the City of Manteca desires to continue to provide needed shelter and support services to Manteca’s homeless residents at 555 Industrial Park Drive; and WHEREAS, 555 Industrial Park Drive is designated as Light Industrial (LI) in the General Plan and is likewise zoned Light Industrial (M-1); and WHEREAS, the general plan describes the Light Industrial (LI) land use designation for amongst other uses, “public and quasi-public uses and similar and compatible uses”; and WHEREAS, an emergency shelter is allowed within the Light Industrial zone upon issuance of a Conditional Use Permit pursuant to Table 17.22.020-1 of the zoning code; and WHEREAS, the City Council now makes the following findings pursuant to Manteca Municipal Code Section 17.10.130, required for the issuance of a Conditional Use Permit:
1. The proposed use at the Project Site is consistent with the General Plan, any applicable Specific Plan, and all applicable provisions of this Title. The LI description within the Land Use Element of the General Plan provides that this land use designation provides for, “public and quasi-public uses and similar and compatible uses.” A homeless emergency center at 555 Industrial Park Drive is also consistent with the General Plan policies, Housing Element Policy H-P-43, Housing Element Policy H-P-45, and Land Use Element Policy LU-P-14; and
2. The establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city. The implementation of the conditions of approval should alleviate any concerns to health, safety, peace, morals, comfort, or general welfare of persons residing or working in the City. With the incorporation and implementation of the conditions of approval, the use will be harmonious with the surrounding land uses. In addition, the use has been in operation and has not been a barrier for surrounding uses to continue operation. Finally, the Manteca Police Department has included conditions of approval to help mitigate any potential law enforcement concerns; and
3. The proposed use is consistent with the purpose of the applicable district or districts because the LI description within the Land Use Element of the General Plan provides that this land use designation provides for, “public and quasi-public uses and similar and compatible uses.” A homeless emergency center is a public use available to any of Manteca’s homeless residents and conditioned to assure compatibility with surrounding LI-designated properties; and
4. The proposed use meets the minimum requirements of this Title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the City and State because this use is consistent with the requirements of California Government Code Section 65589.5, also known as the Housing Accountability Act (“HAA”). The HAA limits a local jurisdiction’s ability to deny emergency shelters, among other forms of transitional and supportive housing, unless it makes written findings, based upon substantial evidence in the record, as to one of the following:
• The City has met or exceeded the need for emergency shelters. • The homeless emergency center, as proposed, would have a specific, adverse impact upon public health or safety, and there is no feasible method to satisfactorily mitigate the impact without rendering the homeless emergency center financially infeasible. • Denial is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the homeless emergency center financially infeasible. • The homeless emergency center is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. • The homeless emergency center is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element.
Four of the findings are not applicable, as the City has not met or exceeded its need for shelters; there are no specific state or federal laws requiring denial; 555 Industrial Park Drive is not zoned for agricultural uses or resource preservation; and the homeless emergency center is not inconsistent with the zoning ordinance.
As to the fifth finding (bullet point 2 above), since approximately 2019, the City has provided services to persons experiencing homelessness at 555 Industrial Park Drive. To date, there has been no specific, adverse impacts upon public health or safety from the operation of the emergency center. At this time, there are no known public health or safety impacts to mitigate. Therefore, this finding is also inapplicable to the Project, and the City would not be within its authority to deny the CUP.
WHEREAS, the City Council now makes the following findings pursuant to CEQA Guidelines, Section 32, Infill Development:
1. The Project Site is consistent with the applicable general plan designation (M-1) and all applicable General Plan Policies (H-P-43, H-P-45, and LU-P-14), and all applicable zoning designation and regulations (LI); and
2. The Project Site is 4.91 acres and within City limits, and is substantially surrounded by other urban uses on land zoned M-1; and
3. The Project Site has no value as habitat for endangered, rare, or threatened species, pursuant to the San Joaquin County Multi-Species Habitat Conservation Plan; and
4. The Project Site would not result in any significant effects relating to traffic, noise, air quality, or water quality, as the site has already been operating as an Emergency Center for persons experiencing homelessness and the level of service provided is anticipated to remain at a same or similar level with the new CUP; and
5. The site is currently adequately served by all required utilities and public services, including without limitation, access to electricity, water, and public transportation.
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
The requested Conditional Use Permit is exempt from further environmental review pursuant to CEQA Guidelines Section 15331, Class 32, Infill Development.
A public hearing was held in the City of Manteca Council Chambers on November 15, 2022.
The requested Conditional Use Permit for the operation of an emergency shelter located at 555 Industrial Park Drive is hereby approved subject to the Conditions of Approval, Exhibit “A” of this resolution.
5. This Resolution shall take effect on the effective date immediately.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 15th day of November, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
ATTACHMENT 1
R2022-XX Page PAGE 4 of NUMPAGES 4 November 15, 2022 R20XX-XX Page PAGE 1 of NUMPAGES 2 Type approved date of resolution here